As international trade turns increasingly toward China, it is crucial for trade practitioners to grasp the law of trade remedies as practiced in that country. Since China acceded to the World Trade Organization in 2002, its liberal and even enthusiastic interpretation of the WTO rules (and exceptions) on dumping, subsidies and safeguards¿frequently noted in its rigorous antidumping enforcement activity¿has revealed China¿s adherence to the ¿infant industry¿ theory of international trade. China¿s concerted use of trade remedies can be best understood as the government¿s support of its industries¿which not long ago were merely units in a centrally-planned economy¿as they struggle toward competitive advantage. However, for trade professionals outside of China, these specialized circumstances can give rise to serious legal difficulties. It is in order to forestall such problems, with keen analysis and informed insight, that this book has been written.
The reader will find enormously helpful analysis of, and information about, such relevant details as the following, among many more: the role of the China State Economic and Trade Commission (SETC) and other official bodies; how petitions for antidumping and anti-subsidy investigations are filed; ¿normal value¿ and ¿constructed value¿ and their adjustments; actionable and non-actionable subsidies; assistance to disadvantaged regions, for reform activities, and for environmental reasons; indirect taxes; injury criteria of dumping and subsidies; fact patterns that give rise to safeguards; subject matter jurisdiction of judicial review; and administrative review.
Trade Remedies: Law of Dumping, Subsidies and Safeguards in China expertly covers an important area of practice where little or no reliable materials existed before. In a world trade environment where China¿s significance is growing rapidly, this book¿s value for legal practitioners, trade officials, trade policymakers and academics in international trade law, anywhere in the world, cannot be overstated.
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Preface and Acknowledgments, Table of MOFTEC and SETC Chinese Determinations, Table of WTO Appellate Body Reports, Table of WTO Panel Reports, Table of U.S. Federal Court Cases, Table of European Court Cases 1.
Introduction: the context of trade remedies 2.
Initiation of antidumping and anti-subsidy investigations 3.
Injury determinations of dumping and subsidies 6.
Antidumping and subsidy investigative procedures and evidence 7.
Reviews and refunds 8.
Case study: comments on the preliminary antidumping determination on imported catechols originally produced in the European union 9.
Judicial and administrative review 11.
Summaries and conclusions Postscript, Appendix I
Foreign Trade Law, Appendix II
Antidumping Regulations, Appendix III
Anti-Subsidy Regulations, Appendix IV
Safeguard Regulations, Appendix V
Antidumping and Anti-Subsidy Questionnaire, Appendix VI
Safeguard Questionnaire, Selected References, Index